unitednations
07-09 11:06 AM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
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thepaew
09-29 04:58 PM
I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world's cellular phones.
I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.
I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.
Thought I'd share my experience. Good Luck to All.
By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.
I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.
I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.
Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.
P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.
I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.
I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.
Thought I'd share my experience. Good Luck to All.
By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.
I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.
I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.
Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.
P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.
Ramba
08-05 03:35 PM
Wow ! So you are saying that no one qualifies for EB2 after 2004 !
I kindly disagree.
I am not saying no one qualified. Most of the Eb3 jobs requirements were modified to EB2 to cut-short the EB3 line. Then, why every employer (particularly in IT) files EB2 LC, than EB3 after 2005? Why does DOL is autiting EB2 requirements for IT/Engineering jobs now?. Before 2004, even if employers requires MS+4 years or BS+8 years DOL approves the LC. Why they don't do now? It is just everyone wants to go for EB2, if they have that qualification.
I kindly disagree.
I am not saying no one qualified. Most of the Eb3 jobs requirements were modified to EB2 to cut-short the EB3 line. Then, why every employer (particularly in IT) files EB2 LC, than EB3 after 2005? Why does DOL is autiting EB2 requirements for IT/Engineering jobs now?. Before 2004, even if employers requires MS+4 years or BS+8 years DOL approves the LC. Why they don't do now? It is just everyone wants to go for EB2, if they have that qualification.
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pointlesswait
01-06 01:28 PM
violence is a two way sword..
its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.
i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
I support that palestinians be given their right to self rule.. but they should learn to live and let live..
so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?
grow up.. kid..
Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?
its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.
i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
I support that palestinians be given their right to self rule.. but they should learn to live and let live..
so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?
grow up.. kid..
Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?
more...
rajarao
10-01 12:12 AM
Day after day it seems light for faith in the system seems to be fading away.
Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.
USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.
When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.
Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.
USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.
When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.
ItIsNotFunny
01-06 01:19 PM
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.
more...
like_watching_paint_dry
04-13 10:36 PM
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o
Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?
You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o
Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?
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Sunx_2004
07-11 12:23 PM
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
more...
rsdang
08-12 11:23 AM
The UN conducted a worldwide survey. The only question asked was:
"Would you please give your honest opinion about solutions to the food
shortage in the rest of the world?" The survey was a huge failure. In
Africa, they didn't know what 'food' meant. In India, they didn't know
what 'honest' meant. In Europe, they didn't know what 'shortage'
meant. In China, they didn't know what 'opinion' meant. In West Asia,
they didn't know what 'solution' meant. In South America, they didn't
know what 'please' meant. And in the US, they didn't know what 'the
rest of the world' meant.
"Would you please give your honest opinion about solutions to the food
shortage in the rest of the world?" The survey was a huge failure. In
Africa, they didn't know what 'food' meant. In India, they didn't know
what 'honest' meant. In Europe, they didn't know what 'shortage'
meant. In China, they didn't know what 'opinion' meant. In West Asia,
they didn't know what 'solution' meant. In South America, they didn't
know what 'please' meant. And in the US, they didn't know what 'the
rest of the world' meant.
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redcard
12-19 12:22 AM
be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
more...
krishna.ahd
02-13 09:43 AM
Please use this thread for education on the effect of lobbying on legislation. Thanks.
First of all, Why We need Lobbying
Check this out
http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf
Steps involved in Lobbying
http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html
First of all, Why We need Lobbying
Check this out
http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf
Steps involved in Lobbying
http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html
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unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
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qasleuth
03-31 09:58 PM
I was quoting you to make a point, did not mean to put words in your mouth. Apologies.
I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/07 and notice date is 09/06/2007, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/07 and notice date is 09/06/2007, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
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Macaca
12-29 07:31 PM
Suicides in India Revealing How Men Made a Mess of Microcredit (http://washpost.bloomberg.com/Story?docId=1376-LE3PZI1A1I4H01-0F7HGVAGBBTBG4G4S2I5PL8TJ5) By Yoolim Lee and Ruth David | Bloomberg
Tanda Srinivas was lounging in the yard of his two-room house in the southern Indian village of Mondrai shortly after noon on Oct. 28 when his wife, Shobha, burst out of the door covered in flames and screaming for help.
The 30-year-old mother of two boys had poured 2 liters of kerosene on herself and lit a match. The couple had argued bitterly the day before over how they would repay multiple loans, including those from microlenders who had lent small sums to dozens of villagers, says Venkateshwarlu Masram, a doctor who called for the ambulance.
Shobha, head of several groups of women borrowers, was being pressured to pay interest on her 12,000 rupee ($265) loan. Lenders also were demanding that she cover for the other women, even though the state had restricted microfinance activities two weeks earlier, Bloomberg Markets magazine reports in its February issue.
When Srinivas, 35, tried to snuff out the flames with a blanket, his polyester clothes caught fire. Within three days, both parents were dead, leaving their sons orphans.
Now, on this November morning, the boys� ailing 70-year-old grandfather and blind grandmother say they are caring for Aravind, 10, and Upender, 13, in the farming village where many men earn a living gathering palm extract to make alcoholic beverages.
None of the boys� relatives can support them full time, says their 60-year-old grandmother, Saiamma, breaking into tears.
India�s Microlending Hub
The horrific scene in Mondrai, 80 kilometers (50 miles) from the city of Warangal, has played out in dozens of ways across Andhra Pradesh, India�s fifth-largest state by area and the site of about a third of the country�s $5.3 billion in microfinance loans as of Sept. 30.
More than 70 people committed suicide in the state from March 1 to Nov. 19 to escape payments or end the agonies their debt had triggered, according to the Society for Elimination of Rural Poverty, a government agency that compiled the data on the microfinance-related deaths from police and press reports.
Andhra Pradesh, where three-quarters of the 76 million people live in rural areas, suffered a total of 14,364 suicide cases in the first nine months of 2010, according to state police.
A growing number of microfinance-related deaths spurred the state to clamp down on collection practices in mid-October, says Reddy Subrahmanyam, principal secretary for rural development.
�Every life is important,� he says.
Perverse Turn
On Nov. 8, police arrested two managers of lender Share Microfin Ltd. on allegations of abetting another suicide, this one of a 22-year-old mother. Share Microfin didn�t respond to requests for comment on this story.
As India struggles to provide decent education, health care and jobs to millions still locked in poverty, microlending -- the loaning of small sums to the world�s neediest people to help them earn a living -- has taken a perverse turn.
Microcredit has become �Walmartized� by unrestrained selling of cheap products to the poor, says Malcolm Harper, chairman of ratings company Micro-Credit Ratings International Ltd. in Gurgaon, India.
�Selling debt is like selling drugs,� says Harper, 75, the author of more than 20 books on microfinance and other topics. �Selling debt to illiterate women in Andhra Pradesh, you�ve got to be a lot more responsible.�
Opposite Effect
K. Venkat Narayana, an economics professor at Kakatiya University in Warangal, has studied how microfinance lenders persuaded groups of women to borrow.
�Microfinance was supposed to empower women,� he says. �Microfinance guys reversed the social and economic progress, and these women ended up becoming slaves.�
India�s booming microlending industry is part of a global phenomenon that began as a charitable movement but now attracts private capital seeking growth and high returns.
Banco Compartamos SA, a former nonprofit that�s now the largest lender to Mexico�s working poor, raised about $467 million in its 2007 initial public offering. The August IPO of SKS Microfinance Ltd., India�s biggest microlender, drew further attention to the industry.
SKS began operating in 1998 as a nongovernmental organization led by Vikram Akula, 42, an Indian-American with a Ph.D. in political science from the University of Chicago.
The company raised 16.3 billion rupees by selling 16.8 million shares at 985 rupees each. SKS shares peaked at 1,404.85 rupees on Sept. 15. As of Dec. 28, they�d fallen to 652.85 rupees.
Andhra Pradesh Crisis
On Oct. 15, the government of Andhra Pradesh imposed restrictions that bar microlenders� collection agents from visiting borrowers and required companies to get local authorities� approval for new loans. The rules have crippled lending and repayments. Loan collection levels in the state have dropped to less than 20 percent from 98 percent previously, according to an industry group.
The upheaval in Andhra Pradesh is a long way from the vision of Muhammad Yunus.
The former economics professor won the Nobel Peace Prize in 2006 for his pioneering work in Bangladesh providing small sums to entrepreneurs too poor to get bank loans.
Yunus, 70, discovered more than three decades ago that when you lend money to women in poverty, they can begin to earn a living, and most of them will pay you back.
Yunus started the Grameen Bank Project in 1976 to extend banking services to the poor. Since then, it has lent $9.87 billion and recovered $8.76 billion; 97 percent of its 8.33 million borrowers are female.
�Wrong Direction�
Yunus says he�s not against making a profit. But he denounces firms that seek windfalls and pervert the original intent of microfinance: helping the poor.
The rule of thumb for a loan should be the cost of funds plus 10 percent, he says.
�Commercialization is the wrong direction,� Yunus says, speaking in a telephone interview from Bangladesh�s capital of Dhaka. �An initial public offering is the triggering point for making a lot of money personally as well as for the company and shareholders.�
David Gibbons, chairman of Cashpor Micro Credit, a nonprofit microlender to the poorest women in India�s Uttar Pradesh and Bihar states, says public, for-profit lenders face a conflict.
�They have to decide between the interests of their customers and interests of their investors,� he says.
Tanda Srinivas was lounging in the yard of his two-room house in the southern Indian village of Mondrai shortly after noon on Oct. 28 when his wife, Shobha, burst out of the door covered in flames and screaming for help.
The 30-year-old mother of two boys had poured 2 liters of kerosene on herself and lit a match. The couple had argued bitterly the day before over how they would repay multiple loans, including those from microlenders who had lent small sums to dozens of villagers, says Venkateshwarlu Masram, a doctor who called for the ambulance.
Shobha, head of several groups of women borrowers, was being pressured to pay interest on her 12,000 rupee ($265) loan. Lenders also were demanding that she cover for the other women, even though the state had restricted microfinance activities two weeks earlier, Bloomberg Markets magazine reports in its February issue.
When Srinivas, 35, tried to snuff out the flames with a blanket, his polyester clothes caught fire. Within three days, both parents were dead, leaving their sons orphans.
Now, on this November morning, the boys� ailing 70-year-old grandfather and blind grandmother say they are caring for Aravind, 10, and Upender, 13, in the farming village where many men earn a living gathering palm extract to make alcoholic beverages.
None of the boys� relatives can support them full time, says their 60-year-old grandmother, Saiamma, breaking into tears.
India�s Microlending Hub
The horrific scene in Mondrai, 80 kilometers (50 miles) from the city of Warangal, has played out in dozens of ways across Andhra Pradesh, India�s fifth-largest state by area and the site of about a third of the country�s $5.3 billion in microfinance loans as of Sept. 30.
More than 70 people committed suicide in the state from March 1 to Nov. 19 to escape payments or end the agonies their debt had triggered, according to the Society for Elimination of Rural Poverty, a government agency that compiled the data on the microfinance-related deaths from police and press reports.
Andhra Pradesh, where three-quarters of the 76 million people live in rural areas, suffered a total of 14,364 suicide cases in the first nine months of 2010, according to state police.
A growing number of microfinance-related deaths spurred the state to clamp down on collection practices in mid-October, says Reddy Subrahmanyam, principal secretary for rural development.
�Every life is important,� he says.
Perverse Turn
On Nov. 8, police arrested two managers of lender Share Microfin Ltd. on allegations of abetting another suicide, this one of a 22-year-old mother. Share Microfin didn�t respond to requests for comment on this story.
As India struggles to provide decent education, health care and jobs to millions still locked in poverty, microlending -- the loaning of small sums to the world�s neediest people to help them earn a living -- has taken a perverse turn.
Microcredit has become �Walmartized� by unrestrained selling of cheap products to the poor, says Malcolm Harper, chairman of ratings company Micro-Credit Ratings International Ltd. in Gurgaon, India.
�Selling debt is like selling drugs,� says Harper, 75, the author of more than 20 books on microfinance and other topics. �Selling debt to illiterate women in Andhra Pradesh, you�ve got to be a lot more responsible.�
Opposite Effect
K. Venkat Narayana, an economics professor at Kakatiya University in Warangal, has studied how microfinance lenders persuaded groups of women to borrow.
�Microfinance was supposed to empower women,� he says. �Microfinance guys reversed the social and economic progress, and these women ended up becoming slaves.�
India�s booming microlending industry is part of a global phenomenon that began as a charitable movement but now attracts private capital seeking growth and high returns.
Banco Compartamos SA, a former nonprofit that�s now the largest lender to Mexico�s working poor, raised about $467 million in its 2007 initial public offering. The August IPO of SKS Microfinance Ltd., India�s biggest microlender, drew further attention to the industry.
SKS began operating in 1998 as a nongovernmental organization led by Vikram Akula, 42, an Indian-American with a Ph.D. in political science from the University of Chicago.
The company raised 16.3 billion rupees by selling 16.8 million shares at 985 rupees each. SKS shares peaked at 1,404.85 rupees on Sept. 15. As of Dec. 28, they�d fallen to 652.85 rupees.
Andhra Pradesh Crisis
On Oct. 15, the government of Andhra Pradesh imposed restrictions that bar microlenders� collection agents from visiting borrowers and required companies to get local authorities� approval for new loans. The rules have crippled lending and repayments. Loan collection levels in the state have dropped to less than 20 percent from 98 percent previously, according to an industry group.
The upheaval in Andhra Pradesh is a long way from the vision of Muhammad Yunus.
The former economics professor won the Nobel Peace Prize in 2006 for his pioneering work in Bangladesh providing small sums to entrepreneurs too poor to get bank loans.
Yunus, 70, discovered more than three decades ago that when you lend money to women in poverty, they can begin to earn a living, and most of them will pay you back.
Yunus started the Grameen Bank Project in 1976 to extend banking services to the poor. Since then, it has lent $9.87 billion and recovered $8.76 billion; 97 percent of its 8.33 million borrowers are female.
�Wrong Direction�
Yunus says he�s not against making a profit. But he denounces firms that seek windfalls and pervert the original intent of microfinance: helping the poor.
The rule of thumb for a loan should be the cost of funds plus 10 percent, he says.
�Commercialization is the wrong direction,� Yunus says, speaking in a telephone interview from Bangladesh�s capital of Dhaka. �An initial public offering is the triggering point for making a lot of money personally as well as for the company and shareholders.�
David Gibbons, chairman of Cashpor Micro Credit, a nonprofit microlender to the poorest women in India�s Uttar Pradesh and Bihar states, says public, for-profit lenders face a conflict.
�They have to decide between the interests of their customers and interests of their investors,� he says.
more...
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gcisadawg
12-26 11:40 PM
So, you want to remove the threat of nuclear weapons by using them?
Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack. Not by using it. Remember, India has "no first use" policy....
Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing. They are trying to take the option of war OFF the table. India should keep it in the table but use very very cautiously.
Peace again,
G
Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack. Not by using it. Remember, India has "no first use" policy....
Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing. They are trying to take the option of war OFF the table. India should keep it in the table but use very very cautiously.
Peace again,
G
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go_guy123
07-28 03:37 PM
The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.
yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000
On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.
yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000
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chanduv23
09-26 02:26 PM
OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.
That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.
Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored
That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.
Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored
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fromnaija
08-02 11:40 AM
Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
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nogc_noproblem
08-26 01:05 AM
Why cats are better then men ...
� A cat matures as it grows older.
� Back hair on cats is cute.
� When a cat sleeps all day it's natural, not annoying.
� Unlike a man, a cat can fend for itself.
� A cat is loyal.
� Cats actually think with their heads.
� "Meow" is never a lie.
� They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
� It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
� To buy a fancy dinner for a cat only costs 35 cents.
� A cat's friend is less likely to be annoying.
� Cats can't show love without meaning it.
� Cats are always cute.
� A cat matures as it grows older.
� Back hair on cats is cute.
� When a cat sleeps all day it's natural, not annoying.
� Unlike a man, a cat can fend for itself.
� A cat is loyal.
� Cats actually think with their heads.
� "Meow" is never a lie.
� They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
� It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
� To buy a fancy dinner for a cat only costs 35 cents.
� A cat's friend is less likely to be annoying.
� Cats can't show love without meaning it.
� Cats are always cute.
hopefulgc
08-07 12:57 PM
Lion could go to Canada (Alberta anyone?). I hear they would atleast accept him as a Cheetah(canadian PR) or a mountain lion.
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
pbojja
07-15 10:25 AM
Can some one explain why do we want send the "WISH LIST" letters to DOL now ? Why not when a ROW GC applicant was getting a GC well a head of very well qualified Ind/Chi applicant ?
Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?
Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?
